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HomeMy WebLinkAboutPlanning Commission 2025-11-18 Agenda Packet (Special)Planning Commission Special Meeting Tuesday, November 18, 2025 - 7:00 P.M. AGENDA Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 Watch Online: Watch on Zoom Webinar: https://cityofsanrafael-org.zoom.us/j/85026143060 Watch on YouTube: http://www.youtube.com/cityofsanrafael Listen by phone: 1 (669) 444-9171 Webinar ID: 850 2614 3060 One Tap Mobile: US: +16694449171,, 85026143060# This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael. How to participate in the meeting: •You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment. •Submit your comments by email to PlanningPublicComment@cityofsanrafael.org by 4:00 p.m. the day of the meeting. If you experience technical difficulties during the meeting, please contact PlanningPublicComment@cityofsanrafael.org. A.CALL TO ORDER B.RECORDING OF MEMBERS PRESENT AND ABSENT C.APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS D.PUBLIC NOTIFICATION OF MEETING PROCEDURES E.ACTION ITEMS 1. 1248 Fifth Avenue (APN 011-300-26) - Public hearing to consider a Major Environmental and Design Review Permit pursuant to San Rafael Municipal Code 14.25 et seq. for the demolition of an existing 11,000 square foot commercial building, surface parking, and other site improvements; construction of a new (13) thirteen-story multi-family residential building with 188 units, inclusive of 19 units affordable to very low income households; tenant amenities; frontage 2 improvements; and which seeks a density bonus and a concession and waivers from development standards pursuant to California Government Code Section 65915 - 65918. California Environmental Quality Act (CEQA) Determination: Exempt Pursuant to CEQA Guideline 15332 (In-Fill Developments Projects). Project Planner: Kristina Estudillo, Principal Planner, kristina.estudillo@cityofsanrafael.org Krystle Rizzi, Contract Planner, krystle.rizzi@cityofsanrafael.org Recommended Action – Adopt a resolution approving an Environmental and Design Review Permit (PLAN24-191 AND ED24-044) for demolition of an existing 11,000 square foot commercial building, surface parking, and other site improvements; construction of a new (13) thirteen-story multi-family residential building with 188 units, inclusive of 19 units affordable to very low income households and including tenant amenities and frontage improvements and determining the Project is Categorically Exempt from the CEQA pursuant to Section 15332 (In-Fill Development) of the CEQA Guidelines. 2.1030 3rd Street (APN 011-300-26) - Public hearing to consider a Major Environmental and Design Review Permit pursuant to San Rafael Municipal Code 14.25 et seq. for the demolition of an existing 4,400-square-foot commercial building and surface parking area; construction of a new 8-story mixed use building with 4,000-square-foot ground level commercial space, 131 residential units, inclusive of 11 units affordable to low income households; tenant amenities; frontage improvements; and which seeks a density bonus and a concession and waivers from development standards pursuant to California Government Code Section 65915 - 65918. CEQA Determination: Exempt Pursuant to CEQA Guideline 15332 (In-Fill Developments Projects). Project Planner: Kristina Estudillo, Principal Planner, kristina.estudillo@cityofsanrafael.org Krystle Rizzi, Contract Planner, krystle.rizzi@cityofsanrafael.org Recommended Action – Adopt a resolution approving an Environmental and Design Review Permit (PLAN25-013 AND ED25-027) for demolition of an existing 4,400-square-foot commercial building and surface parking area; construction of a new 8-story mixed use building with 4,000-square-foot ground level commercial space, 131 residential units, inclusive of 11 units affordable to low income households; tenant amenities; frontage improvements; and which seeks a density bonus and a concession and waivers from development standards pursuant to California Government Code Section 65915 and determining the Project is Categorically Exempt from the CEQA pursuant to Section 15332 (Infill Development) of the CEQA Guidelines. F.DIRECTOR’S REPORT G.COMMISSION COMMUNICATION 3 H. ADJOURNMENT Any records relating to an agenda item, received by a majority or more of the Commission less than 72 hours before the meeting, shall be available for inspection online. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing city.clerk@cityofsanrafael.org or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. The Planning Commission will take up no new business after 11:00 p.m. at regularly scheduled meetings. This shall be interpreted to mean that no agenda item or other business will be discussed or acted upon after the agenda item under consideration at 11:00 p.m. The Commission may suspend this rule to discuss and/or act upon any additional agenda item(s) deemed appropriate by a unanimous vote of the members present. Appeal rights: any person may file an appeal of the Planning Commission's action on agenda items within five business days (normally 5:00 p.m. on the following Tuesday) and within 10 calendar days of an action on a subdivision. An appeal letter shall be filed with the City Clerk, along with an appeal fee of $350 (for non-applicants) or a $5,000 deposit (for applicants) made payable to the City of San Rafael and shall set forth the basis for appeal. There is a $50.00 additional charge for request for continuation of an appeal by appellant. 1 Community and Economic Development Department Meeting Date: November 18, 2025 Agenda Item: 1 Case Number: PLAN24-191 (ED24-044) Project Planner: Kristina Estudillo, Principal Planner REPORT TO PLANNING COMMISSION SUBJECT: 1230 5th Ave – New Multi-family Residential Building. Request for an Environmental and Design Review Permit for demolition of an existing commercial building, construction of a new multifamily residential building containing 188 units, including 125 base units and 63 density bonus units located at 1248 Fifth avenue (APN 011-300-26); T4N 40/50, T5N 40/60 Zoning District; 1230 Fifth Avenue Investors, LLC, owner/applicant. EXECUTIVE SUMMARY The Project proposes the demolition of an approximately 11,000 square foot vacant office building, associated surface parking lot, and other site improvements located at 1248 5th Avenue and the construction of a 13-story multi-family residential building containing 188 multi-family residential units with ground level, 1st, and 2nd floor parking within a parking garage with access from Fifth Avenue, C Street, and Mission Street. The Project site includes a singular parcel comprising 28,341 square feet (0.65 acres). The proposed thirteen-story multi-family residential building contains a gross floor area of 259,946 square feet, inclusive of 199,281 square feet of residential space and 60,665 square feet allocated for a parking garage, trash and recycling areas, mechanical, electrical, and plumbing (MEP) areas, and fire suppression support areas. Floors 1 through 3 include parking, mechanical, and trash areas, floors 4 through 13 include residential units and amenities. REQUESTED ENTITLEMENTS The Project requires Planning Commission approval of a Major Environmental and Design Review Permit pursuant to San Rafael Municipal Code (SRMC) Section 14.25.040(A)(1)(b) and Downtown San Rafael Precise Plan, Chapter 9, Downtown Form Based Code (DTFBC), Table 1.1.030A (Permit Requirements). RECOMMENDATION It is recommended that the Planning Commission approve the Environmental and Design Review Permit Application, subject to findings and conditions of approval. 2 PROPERTY FACTS Address/Location: 1248 5th Avenue Parcel Numbers: 011-300-26 Property Size: 0.65 acres (28,341 sf) Neighborhood: Downtown – Fifth/Mission Character District Site Characteristics General Plan Designation Zoning District Existing Land-Use Project Site: Downtown Mixed Use (DMU) T4 Neighborhood (T4N) 40/50 1 T5 Neighborhood (T5N) 40/60 2 Commercial North: Parks, Recreation, and Open Space Parks/Open Space (P/OS) Park, museum, lodge South: DMU T4N 40/50 Parking lot East: DMU T4N 40/50 Art museum West: DMU Public/Quasi Public (P/QP) Government offices Site Description/Setting: The Project site is comprised of an approximately 28,341-square foot (0.65-acre) lot located at the northeast corner of the 5th Ave/C Street intersection, is currently addressed as 1248 5th Avenue, and is developed with an 11,00 square-foot vacant office building, surface parking lot, and other improvements. The project site has several existing recorded easements including access and parking, nonbuilding, Pacific Gas & Electric (PG&E), and utility easements (see Sheet A1.0 of Attachment 3, Exhibit 1). The site is within the Downtown San Rafael neighborhood of the General Plan and falls within the boundaries of the Downtown San Rafael Precise Plan, which further classifies character districts, of which the site is within the Fifth/Mission Character District. The site and surrounding area are urbanized and developed with a mix of commercial, retail, and public institutional uses (see Figure 1). 1 Approximately 1/3 of the northern portion of the parcel is zoned T4N 40/50. 2 Approximately 2/3 of the southern portion of the parcel Is zoned T5N 40/60 3 Figure 1: Vicinity Map PROJECT DESCRIPTION Project Summary The Project proposes the demolition of the existing site improvements to accommodate construction of a new, thirteen-story multi-family residential building. The new residential building contains 188 units, comprised of 130 one-bedroom and 58 two-bedroom units. In accordance with SRMC Section 14.16.030 (affordable housing requirements), 19 of the 125 base density units (15%) will be deed-restricted below market rate (BMR) units affordable to very low-income households, including thirteen (13) one-bedroom, six (6) two-bedroom. Based on the percentage and affordability level of BMR units, the Project is eligible for up to a 50% density bonus (63 units) under State Density Bonus Law. The Project will utilize 63 of the density bonus units, resulting in a total of 188 residential units (169 market rate, 19 below market rate). Amenities are provided for residents and include: private balconies; 1st floor lobby and leasing offices; 3rd floor fitness room (2,000 square feet), study area (1,300 square feet); 4th floor podium courtyard; 13th floor indoor lounge area (1,950 square feet); and roof deck with elevated pool, pool deck, and open area. 4 Site Plan The building footprint is 26,442 square feet, resulting in a lot coverage of 93%.3 The gross floor area of the building is 259,946 square feet, resulting in a floor area ratio (FAR) of 9.17.4 Of the gross building area, 199,281 square feet (77%) is residential space and 60,665 square feet (23%) is allocated for vehicular parking, trash and recycling areas, and mechanical, electrical, and plumbing areas, and fire suppression support areas. To accommodate the proposed density, the project utilizes minimal setbacks. Vehicular entrance to the building is provided on Fifth Avenue (ground floor parking area), C Street (2nd floor parking), and Mission Avenue (3rd floor parking). As described in greater detail below, landscaping is proposed at the street level, 4th level podium courtyard, and on the rooftop. Floor Plan The following summarizes the uses for each floor of the proposed building: 1st Floor/Ground Floor: As shown in Sheet A2.1 of Attachment 3, Exhibit 1, the 1st/ground floor plan includes vehicle and pedestrian circulation areas, vehicle parking (38 covered, 2 surface spaces for residents, 7 spaces for Boyd Court residents), bicycle parking (36 spaces), trash room, lobby and leasing offices, and areas for mechanical, electrical, and plumbing equipment, and fire suppression support areas (fire water, fire pump, and fire command rooms). Additionally, Sheet A2.1 demonstrates that the 40-foot access easement along the eastern portion of the site will be maintained. 2nd Floor: As shown in Sheet A2.1 of Attachment 3, Exhibit 1, the 2nd floor consists of vehicle and pedestrian circulation areas, vehicle parking (35 spaces), bicycle parking (33 spaces), and areas for mechanical, electrical, and plumbing equipment, and a generator room along the western portion of the building. 3rd Floor: As shown in Sheet A2.2 of Attachment 3, Exhibit 1, the 3rd floor consists of vehicle and pedestrian circulation areas, vehicle parking (53 spaces), areas for mechanical, electrical, and plumbing equipment, a 2,000 square foot fitness area, and a 1,300 square foot study area. 4th Floor: As shown in Sheet A2.2 of Attachment 3, Exhibit 1, the 4th floor consists of 20 residential units (3 dedicated as BMR), 14 one-bedroom and 6 two-bedroom units, private patios and balconies, trash room and mechanical area, and the podium courtyard. 5th through 9th Floor: As shown in Sheet A2.3 through A2.5 of Attachment 3, Exhibit 1, the 5th through 9th floors each consists of 20 residential units (3 dedicated as BMR on each floor), including 14 one-bedroom and 6 two-bedroom units, private balconies, trash room, and mechanical area. 10th Floor: As shown in Sheet A2.5 of Attachment 3, Exhibit 1, the 10th floor consists of 20 residential units (1 dedicated as BMR), including 14 one-bedroom and 6 two-bedroom units, private balconies, trash room, and mechanical area. 3 Building footprint (26,442 s.f) / lot area (28,341 s.f.) = 93.29% 4 Gross floor area (259,946 s.f.) / lot area (28,341 s.f.) = 9.17 5 11th through 12th Floor: As shown in Sheet A2.6 of Attachment 3, Exhibit 1, the 11th through 12th floors consists of 20 residential units each, including 14 one-bedroom and 6 two-bedroom units, private balconies, trash rooms, and mechanical areas. 13th Floor and Roof Deck: As shown in Sheet A2.7 of Attachment 3, Exhibit 1, the 13th floor and roof deck consists of 8 residential units, including 4 one-bedroom and 4 two-bedroom units, a 1,950 square foot lounge room, trash room, mechanical area, pool and pool equipment area, and roof deck open space area. Roof: As shown in Sheet A2.7 of Attachment 3, Exhibit 1, the rooftop includes heating, ventilation, and air conditioning (HVAC) units, other mechanical equipment, and a solar ready area. Residential Unit Plans As shown on Sheet A2.8 of Attachment 3, Exhibit 1 and as summarized below, one-bedroom residential unit plans include three varying sizes and layouts, and two-bedroom residential unit plans include five varying sizes and layouts: One-bedroom Unit Plans: • 1A: 735 square feet, 1 bedroom with recessed balcony • 1B: 780 square feet, 1 bedroom with projecting balcony • 1C: 795 square feet, 1 bedroom Two-bedroom Unit Plans: • 2A: 1,095 square feet, 2 bedrooms with projecting balcony • 2B: 820 square feet, 2 bedrooms • 2C: 1,320 square feet, 2 bedrooms with projecting balcony • 2D: 1,265 square feet, 2 bedrooms with wrap around balcony • 2E: 1,010 square feet, 2 bedrooms Architecture, Colors, and Materials The proposed building includes articulation in the forms of: (1) building recesses and projections; (2) variation in color; (3) symmetrical window and balcony configurations; and (4) support columns to create bays. The Project exhibits a contemporary architectural style with clean lines, a consistent material palette, and the integration of various forms. The use of a repetitive fenestration pattern creates a cohesive design across the building facades. The Project proposes a roof deck, which adds visual interest and depth to the building. Proposed colors and materials includes two shades of neutral colored stucco, insulated metal panes at building recesses, wood siding, and dark grey aluminum windows. 6 Figure 2: View Along 5th Street – Looking East Figure 3: View Along C Street – Looking North 7 Parking, Access, and Circulation The Project will provide 128 vehicular parking spaces for residents and guests. Though not counted toward the overall parking amount, it should be noted that 7 surface parking spaces located within the parking easement on the eastern portion of the site will be retained for use by residents of the adjacent multi-family building (Boyd Court). Parking for the Project is provided within three separately accessed enclosed parking garages on the 1st floor (38 spaces), 2nd floor (35 spaces), 3rd floor (53 spaces) and surface parking area along the eastern property boundary (2 spaces). The 1st floor parking area is accessed via a 24-foot driveway along 5th Ave, 2nd floor parking area is accessed via a 24-foot driveway along C Street, and 3rd floor parking is accessed via a 24-foot driveway along Mission Ave. A total of 79 bicycle parking spaces are provided between vehicle parking spaces and the wall of the building on the 1st floor (36 spaces) and 2nd floor (33 spaces). Additionally, five (5) bicycle racks accommodating 2 bicycles each (10 total spaces) are located within the public right-of-way along Fifth Avenue. It should be noted that the proposed bicycle parking within the enclosed parking garage does not meet the City’s design standards, however, the applicant has indicated that this style of bicycle parking has been successful in similar residential projects. Primary pedestrian access to the site is provided along Fifth Avenue. Table 1: Vehicle and Bicycle Parking Summary Level Vehicle Parking Spaces Bicycle Parking Spaces 1 38 36 2 35 33 3 53 0 Other 2 10 Total 128 79 Landscaping and Lighting To accommodate the new building, 14 trees will be removed, including six (6) street trees on Mission Avenue, and eight (8) within the proposed building footprint area. In total, the Project includes 3,880 square feet of landscaping, inclusive of a 950 square foot stormwater treatment facility, 26 trees (5 street trees, 10 podium level, 11 roof level), and a variety of shrubs and vines located at the street level, podium level, and roof level. (see Sheets L1 through L3 of Attachment 3, Exhibit 1). Proposed tree species include red-leaf Japanese maple, fairmount maidenhair, scarlet sentinel red maps, western redbud, desert willow, and fruitless olive. Other plant species include a variety of low to moderate water usage plants contained within architectural planters and flush with the sidewalk at the street level. In addition to planting materials, the Project includes the installation of one (1) new steel bench along C Street, two (2) new steel benches along 5th Avenue, and five (5) steel tube hoop bicycle racks along 5th Avenue (see Sheet L1 of Attachment 3, Exhibit 1). The proposed landscape plan will be subject to standard conditions of approval for compliance with the requirements of the Marin Municipal Water District (MMWD), including a requirement to provide written approval from MMWD that the proposed landscaping complies with their regulations and with the California Model Water Efficient Landscape Ordinance (MWELO). Additionally, all proposed improvements, including landscaping and public amenities within the right-of-way are subject to review and approval by the City’s Department of Public Works. As shown on Sheet LTG-4 of Attachment 3, Exhibit 1, the Project proposes variations of wall mounted fixtures (Figure 4, Figure 6, Figure 7), round downlight (Figure 5), and recessed step lights (Figure 8). Fixtures E1, E1A, and E5 are provided along building facades, Fixture E2 is 8 provided at vehicle and pedestrian entrances and the roof deck lounge area, Fixture E3 is provided within the podium courtyard area, and Fixture E4 is provided around the roof deck and pool area. As proposed and conditioned, all lighting will be designed to conceal light sources from view off-site and avoid spillover onto adjacent properties. 9 Figure 4: Fixture E1 & E1A Figure 5: Fixture E2 Figure 6: Fixture E4 Figure 7: Fixture E5 Figure 8: Fixture E3 10 Utilities and Stormwater Management As shown on Sheet C-3.0 of Attachment 3, Exhibit 1, the new building will connect to the existing storm drain, sanitary sewer, and water utilities located within the C Street and 5th Avenue rights- of-way. As stated previously, of the total landscape area, 950 square feet at the podium level is designed to manage stormwater. Once collected in the single bioretention facility on the podium level, stormwater will be directed to a Contech Mechanical Stormfilter Unit at the ground level. Treated runoff will then be directed to an onsite underground storm drain pipe which will convey runoff to an existing 18” storm drain within Fifth Avenue.5 ANALYSIS As stated previously, the Project requires Planning Commission approval of a Major Environmental and Design Review Permit pursuant to Section 14.25.040(A)(1)(b) of the SRMC and Table 1.1.030A (Permit Requirements) of the Downtown San Rafael Precise Plan, Chapter 9, Downtown Form Based Code (DTFBC). This section includes an analysis of the Project’s consistency with the following applicable plans, policies, and regulations as required under SRMC 14.025.050: • San Rafael General Plan 2040 • SRMC Title 14 (Zoning) • Downtown Form Based Code • State Density Bonus Law San Rafael General Plan 2040 Consistency The project site is designated Downtown Mixed Use in the General Plan, which corresponds to properties in Downtown San Rafael. This designation includes the highest development intensities in the city, and contains a mix of housing, office, retail, service, and public land uses. Development in this area is guided by the Downtown San Rafael Precise Plan, which includes further detail on building form, development intensity, height, and allowable uses. There is no residential density limit for areas designated Downtown Mixed Use. This allows for greater flexibility in terms of housing types, encourages smaller units, and maximizes housing opportunities. Height limits define the maximum building envelope on each site with this designation. The Project is consistent with key General Plan Goals, Policies, and Programs in that it focuses high-density housing, including 19 units for very low-income households, within the transit-served Downtown core (General Plan Policies LU-1.3, H-3.5, M-3.1, LU-1.8, NH-1.3), thereby fulfilling goals to reduce vehicle miles traveled (VMT) and greenhouse gas emissions. The project will revitalize an underutilized commercial site, supporting a thriving mixed-use neighborhood (General Plan Policies NH-1.1, LU-2.2), maintaining pedestrian orientation through the integration of parking into an enclosed garage, dedicated bicycle facilities, and maintaining acceptable traffic flow (General Plan Policies NH-1.10, NH-1.11, M-7.3, M-7.8, M-2.5, M-2.6, CDP-4.9, CDP-4.11). The project provides on-site recreation amenities (General Plan Policies CDP-4.6, PROS-1.11, PROS-1.13), is designed to be context-sensitive and respectful of views (General Plan Policies NH-1.7, CDP-2.2, CDP-1.5), and incorporates Low Impact Development and water conservation 5 Stormwater Control Plan, KSR Civil Engineering, October 30, 2024, Page 1. 11 through use of very low to moderate water use species and compliance with stormwater management requirements (General Plan Policies CDP-3.5, C-3.3, C-3.8, C-3.9). Finally, as proposed and conditioned, the project meets health, safety, and infrastructure standards for seismic safety, noise control, and connection to existing utilities (General Plan Policies C-2.4, N- 1.1, N-1.2, N-1.11, CSI-4.2, CSI-4.8, CSI-4.9). As such, the project is consistent with all applicable General Plan policies. In addition, the site is identified in the adopted Housing Element as Site F11, having a realistic capacity of 104 units whereas the project incorporates smaller units utilizes waivers available through State Density Bonus Law to increase the capacity of the site to provide high density housing in the downtown area. A full analysis of the project’s consistency with the General Plan is provided in the General Plan Consistency Table, see Resolution Exhibit 1. Zoning Ordinance Consistency As detailed in Attachment 1, Exhibit 2, the Project as proposed and conditioned is consistent with applicable development standards of the City’s Zoning Ordinance, including through the requested concession and waivers pursuant to State Density Bonus Law. An overview of the applicable standards and the project’s consistency is provided below. Site and Use Regulations Refuse Enclosure Requirements: Section 14.16.025 of the SRMC requires that refuse areas be screened from view and that the area be designed to meet the minimum recommended dimensional standards of the local refuse collection agency. The Planning Division referred the project to Marin Sanitary Service who confirmed that service for the Project can be provided. Consistent with Marin Sanitary Service requirements, Attachment 1 includes a condition of approval requiring that all refuse containers be placed at the curb on 5th Avenue by 6:00 AM the day of collection. As proposed and conditioned, the project meets the requirements of SRMC Section 14.16.025. Affordable Housing: Affordable housing requirements are contained in SRMC Section 14.16.030 (Affordable housing requirement) and governed by Ordinance 1990 and associated Resolutions 14890 and 14891 that amended the affordable housing obligation for residential projects. Residential development projects greater than fifteen (15) units are required to meet a primary and secondary requirement as follows: •Primary Requirement. The Project is required to provide five percent (5%) of the proposed units as deed restricted BMR units (excluding density bonus units) affordable to and occupied by low-income households. •Secondary Requirement. This requirement can be satisfied by providing an additional five percent (5%) low-income units (excluding density bonus units). The base project provides 125 units, of which 19 (15%) will be deed restricted to be available and rented to very low-income households, meaning those earning no more than 50% of the Area Median Income for Marin County. Since 15% of the units in the base project will be affordable to very low-income households, the Project meets the primary and secondary requirements. Additionally, by deed restricting the maximum monthly rent of the BMR units to 1/12th of 30 percent of fifty (50) percent of the Area Median Income for Marin County, the project qualifies for benefits under the State Density Bonus Law, including a 50% density bonus, three incentives or concessions, and unlimited waivers from development standards. 12 Geotechnical Review: The applicant has provided a Geotechnical Feasibility Report, prepared by Miller Pacific Engineering Group, dated November 12, 2024. The report has been reviewed by the Department of Public Works and recommendations will be incorporated during the building permit process. Therefore, the project meets the requirements of Section 14.16.170. Light and Glare: Section 14.16.227 of the SRMC requires that colors, materials and lighting are designed to avoid creating undue off-site light and glare impacts. As proposed, the Project includes neutral-colored finishes and down cast light fixtures that are designed and/or shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties. Additionally, as conditioned, all new lighting shall be subject to a 90-day post installation inspection to allow for adjustment and assure compliance with this section. Therefore, as proposed and conditioned, the Project complies with SRMC Section 14.16.227. Mechanical Equipment Screening: SRMC Section 14.16.243 requires that mechanical equipment placed on the rooftop of a building be adequately screened from public view. The Precise Plan also contains mechanical equipment screening requirements and standards applicable to properties within the downtown mixed use (DMU) district. The Project includes mechanical equipment located on the rooftop that is screened from public view by parapet walls and therefore the Project complies with Section 14.16.243 of the SRMC. Noise: Chapter 8.13 and Section 14.16.260 of the SRMC require compliance with general noise standards, construction standards, and noise standards contained in the General Plan. In general, noise at residential properties may not exceed 60 dBA (Intermittent) and 50 dBA (Constant) during daytime and 50 dBA (Intermittent) and 40 dBA (Constant) at nighttime. Construction is limited to between the hours of seven a.m. (7:00 a.m.) and six p.m. (6:00 p.m.), Monday through Friday, and nine a.m. (9:00 a.m.) and six p.m. (6:00 p.m.) on Saturdays, provided that the noise level at any point outside of the property plane of the Project shall not exceed ninety (90) dBA. No construction is allowed on Sundays and holidays. The City’s standard conditions of approval require compliance with the noise ordinance and compliance will be verified through the building permit process. Additional conditions of approval relating to noise include a public notice and compliant process and designated liaison that would be responsible for determining the cause of all construction-related complaints (e.g., starting too early, bad muffler, worker parking, etc.) and institute reasonable measures to correct the problem. The Project site is located in a “conditionally acceptable” noise exposure area per General Plan 2040, Table 9-2. Noise was evaluated in the CEQA Categorical Exemption Review Memorandum (Attachment 2) and supported by the Noise and Vibration Assessment Report prepared for the Project by Illingworth & Rodkin, Inc. (dated October 29, 2024 and updated November 7, 2025). As stated above, conditions of Project approval will ensure that the Project complies with noise standards during both construction and operation of the Project and therefore the Project complies with Chapter 8.13 and Section 14.16.260 of the SRMC. Water-efficient Landscape: Section 14.16.370 of the SRMC requires certain new construction and rehabilitation projects that include landscape and irrigation improvements to comply with water- efficient landscape requirements and to monitor water usage for irrigation, as mandated under California Government Code Section 65595(c). For the purpose of administering this state mandate, the City of San Rafael has adopted by reference, the MMWD Ordinance (Water Conservation) and designates MMWD to implement, enforce, and monitor the requirements of this ordinance. As conditioned, the applicant will be required to certify that the landscape plan complies with applicable regulations of the City of San Rafael and MMWD. As such, the Project as conditioned complies with Section 14.16.370 of the SRMC. 13 Parking Standards Bicycle Parking: Section 14.18.090(E) of the SRMC specifies design criteria for short- and long- term bicycle parking facilities. Section 14.18.090(E)(4) requires at least ten inches clearance (10″) to walls or other obstructions. As proposed, bicycle racks are abutting the wall, which does not meet the 10” clearance requirement. Section 14.18.090(E)(5) requires an aisle or other space to be provided for bicycles to enter and leave the facility. The aisle is required to be at least five feet (5′) wide to the front or rear of a standard six-foot (6′) bicycle parked in a facility. As currently proposed, aisles would be obstructed by parked cars and other bicycles. Section 14.18.090(E)(6) requires that bicycle and auto parking areas be separated by a physical barrier or sufficient distance to protect parked bicycles from damage by cars. As currently proposed, there is no physical or spatial separation between cars and bicycles. Although the Project does not comply with the design requirements specified above, the applicant has requested a waiver from the design requirements. Therefore, through use of waivers permitted under State Density Bonus Law, the Project complies with Section 14.18.090(E) of the SRMC as discussed in detail on pp.17- 20. Downtown Form Based Code Consistency Development review criteria of the Downtown San Rafael Precise Plan (Precise Plan) are contained within Chapter 9 (Downtown Form-Based Code). The Precise Plan was adopted by the City with the intent of accommodating higher density mixed use development in the City’s Downtown. Development standards of the Precise Plan that are applicable to the Project are discussed below and a complete analysis of the Project’s compliance with the Precise Plan can be found in Attachment 1, Exhibit 3. The Project site has multiple zoning designations, with approximately 1/3rd of the northern portion within the T4N zone and 2/3rd of the southern portion within the T5N zone. T4 and T5 Neighborhood Development Standards Building Placement and Building Form and Maximum Envelope: Approximately 1/3rd of the Project site is in the T4N 40/50 zoning district with the remaining 2/3rd of the site within the T5N 40/60 zoning district (see Sheet A2.0A of Attachment 3, Exhibit 1). Section 2.3.030 and 2.3.050 of the Downtown Form-Based Code provides development standards related to building placement (setbacks and civic space) and building form and maximum envelope (overall building height, stepbacks, ground floor standards) for each zone. A summary of the Project’s consistency with these development standards are included in Table 2. For purposes of the setback analysis below Mission Avenue is the front, C Street is the street side, the eastern property line is the side, and Fifth Avenue is the rear. Table 2: Development Standards – T4N 40/50 (DPP Section 2.3.030) and T5N 40/60 (DPP Section 2.3.050) Standard Required Proposed Notes BUILDING PLACEMENT – T4N 40/50 Setbacks Front Mission Ave 7 ft. min. 15 ft. max. 0 ft. SDBL Waiver 14 Standard Required Proposed Notes Front Façade Length Mission Ave 70% min. 94%6 Complies Side Street C Street 7 ft. min. 15 ft. max. 0 ft SDBL Waiver Side Street Façade Length C Street 50% min. 100%7 Complies Side Eastern property boundary 5 ft. min. 5 ft. Complies Rear See T5N analysis below 15 ft. min. - - Civic Space 200 s.f. min. 0 s.f. SDBL Waiver BUILDING PLACEMENT – T5N 40/60 Front See T4N analysis above 0 ft. min. 15 ft. max. - - Front Façade Length See T4N analysis above 70% min. - - Side Street C Street 0 ft. min. 15 ft. max. 0 ft. Complies Side Street Façade Length C Street 60% min. 100%8 Complies Side Eastern property line 0 ft. min 0 ft. Complies Rear 5th Ave 0 ft. min. 0 ft. Complies Civic Space 200 s.f. min. 0 s.f. SDBL Waiver BUILDING FORM AND MAXIMUM ENVELOPE – T4N 40/50 Height Overall Building Height 50 ft. 130’ +/- SDBL Waiver Highest Top Plate/Highest Eave 45 ft. 123’ +/- SDBL Waiver Stepback Front 10 ft. at 35 ft. 0 ft. SDBL Waiver Side Street 10 ft. at 35 ft. 0 ft. SDBL Waiver Rear 10 ft. at 35 ft. 0 ft. SDBL Waiver Ground Floor Standards 6 Total Mission Ave façade zone = 1,428 inches. Total Mission Ave. building façade length = 1,348.25 inches. 1,348.25/1,428 x 100% = 94.4%. 7 Total C St. façade zone = 960.25 inches. Total C St. building façade length = 960.25 inches. 960.25/960.25 x 100% = 100% 8 Total C St. façade zone in T5N = 1,457.75 inches. Total C St. building façade length in T5N = 1,457.75 inches. 1,457.75/1,457.75 x 100% = 100% 15 Standard Required Proposed Notes Finish Level - Residential 9 12” min. 0” Complies (see footnote) Ceiling 9 ft. min. 15 ft. Complies Depth – Front 30 ft. min. NA, ground floor space is parking NA, see note Depth – Other 12 ft. min. NA, ground floor space is parking NA, see note BUILDING FORM AND MAXIMUM ENVELOPE – T5N 40/60 Height Overall Building Height 60 ft. 153’ +/- SDBL Waiver Highest Top Plate/Highest Eave 55 ft. 138’ 9” SDBL Waiver Stepback Front 10 ft. at 35 ft. 0 ft. SDBL Waiver Side Street 10 ft. at 35 ft. 0 ft. SDBL Waiver Rear 10 ft. at 35 ft. 0 ft. SDBL Waiver Ground Floor Standards Finish Level - Residential 10 12” min. 0 ft. Complies (see footnote) Ceiling 10 ft. min. 20 ft. Complies Depth – Front See T4N analysis above 30 ft. min. - - Depth – Other 12 ft. min. 36 ft. (5th Ave) 36 ft. (C St) Complies PARKING – T4N 40/50 Setback Front Mission Ave 25 ft. min. 0 ft. SDBL Waiver Side Street C Street 25 ft. min. 0 ft. SDBL Waiver Side Eastern property line 5 ft. min. 0 ft. SDBL Waiver Rear See T5N analysis below 5 ft. min. - - PARKING – T4N 50/60 Setback Front 30 ft. min. - - 9 Common entries may be set at grade in compliance with local and federal accessibility standards. 10 Common entries may be set at grade in compliance with local and federal accessibility standards. 16 Standard Required Proposed Notes See T4N analysis above Side Street C Street 25 ft. min. 0 ft. Complies Side Eastern property line 5 ft. min 0 ft. SDBL Waiver Rear 5th Ave 5 ft. min 0 ft. SDBL Waiver Automobile Parking: Requirements for parking are contained in Section 2.3.050(H) of the Precise Plan. The Project site is within ½ mile of transit, and pursuant to Government Code Section 65863.2(a), no automobile parking minimums apply. As such, the Project is not subject to parking development standards and is considered to comply with the Precise Plan. Although the Project is not subject to parking minimums, the Project’s voluntary inclusion of parking requires review of consistency with applicable development standards contained within the Downtown Form Based Code (see analysis above). As indicated above, and as discussed in greater detail below, the Project is requesting waivers from development standards related to parking setbacks. Bicycle Parking: Bicycle parking requirements are also contained Section 2.3.050(H) of the Precise Plan. The minimum bicycle parking requirements are based on the number of bedrooms. Based on the number of one- and two-bedroom units proposed, the Project is required to provide a total of 246 bicycle parking spaces and provides 79 spaces (69 covered, 10 uncovered). It should be noted that although the Project provides 69 bicycle parking spaces within the 1st and 2nd floor parking garages, these spaces do not meet the city’s design requirements (see discussion above under Zoning Ordinance Consistency, Parking Standards). Unit Type Number of Units Bike Parking Ratio Total Required 1-Bedroom Units 130 1 130 2-Bedroom Units 58 2 116 Total Required 246 Total Provided 79 Division 3.1 – Site Standards Screening: Section 3.1.020 prescribes standards for screening for the conservation and protection of property, the assurance of safety and security, the enhancement of privacy, the attenuation of noise, and the improvement of the visual environment of the neighborhood. Related to roof- mounted equipment, new buildings are required to be designed to provide a parapet or other architectural element that is as tall or taller than the highest point on any new mechanical equipment to be located on the roof of the building. As proposed and conditioned, the Project meets the screening requirements set forth in Section 3.1.020 of the form-based code. Landscaping: Section 3.1.030 prescribes landscaping standards for protection and enhancement of the environmental and visual quality of the Downtown, enhancement of privacy, and the control of dust. The Design Standards subsection requires shrubs to be one-gallon size or larger and trees to be 15-gallon size or larger, and requires species to meet the minimum standards set forth in MMWD Water Conservation Ordinance 414. As proposed and conditioned, the Project meets the landscaping requirements set forth in Section 3.1.030 of the form based code. Division 3.2 - Massing and Façade Articulation Standards 17 Tripartite Façade Articulation: Section 3.2.030 requires new facades along a street to be designed to visually express a base, middle, and top. The design complies with this requirement. The building's design clearly expresses a base through use of expansive glazing and a darker, distinct material palette to signal its function as the street-level lobby space and ensure pedestrian connection. The middle forms the bulk of the building, characterized by repetitive, lighter-colored cladding and a uniform rhythm of vertically stacked balconies and windows that span approximately Levels 5 through 13. The top is distinguished with a setback that accommodates the rooftop amenity space and a defined parapet to cap and terminate the structure against the skyline (See Sheet A3.4 to A3.5 of Attachment 3, Exhibit 1). As such, the Project meets the tripartite façade articulation requirements set forth in Section 3.2.030 of the form based code. Massing and Composition: Section 3.2.040 requires new facades along a street to be designed to appear as multiple buildings no greater than 175 feet in length. Along all street facades, the Project incorporates building recesses (see Sheet A2.0A of Attachment 3, Exhibit 1) which are further articulated through use of light colored stucco for projecting portions of the building, and dark colored metal panels for recessed portions of the building. The architecture also expresses orderly symmetrical composition through the use of symmetrical window configurations on floors with residential units, and support columns to create bays and ground the building to create a stronger sense of pedestrian entry. No building element measures greater than 175 feet in length. As such, the Project meets the massing and composition requirements set forth in Section 3.2.040 of the form-based code. Corner Elements: Section 3.2.050 requires new facades to be designed to include a corner element to give visual importance to the corner and enhance the public realm. The Project incorporates corner elements at the C Street/5th Ave intersection and C Street/Mission Ave intersection, giving visual importance to the corner and enhancing the public realm. As such, the Project meets the corner elements requirements set forth in Section 3.2.050 of the form-based code. Division 3.3 – Frontage Standards Division 3.3 establishes permitted frontage types in each zone. The Project does not incorporate a permitted frontage type and the applicant is requesting a waiver from this development standard, as further described in the following section. State Density Bonus Law Consistency This Project was submitted pursuant to State Density Bonus Law (Government Code Section 65915 and San Rafael City Council Resolution 14891). The law allows increased density, or bonus units, for a project that provides a minimum percentage of affordable, or below market rate, units on-site. In addition, a density bonus project is afforded a certain number of concessions or incentives, based on the percentage and 11of affordability of the below market rate units provided. Additionally, a density bonus project is permitted waivers or reductions from any 11 A concession or incentive is defined as: 1) A reduction in site development standards or a modification of zoning code or architectural design requirements that exceed the minimum building standards; or 2) Approval of mixed-use zoning; or 3) Other regulatory incentives or concessions which actually result in identifiable and actual cost reductions (Govt. Code §65915(k)). 18 development or design standards that would otherwise 12 development of the project at the proposed and allowable density. The Downtown Precise Plan area does not establish a dwelling unit per acre density standard. Therefore, to determine allowable base density, an applicant is required to demonstrate how many units can be constructed on the site in a manner that complies with all objective development standards and that provides average unit sizes comparable to the actual proposed project. This hypothetical project that complies with objective development standards is called the base project. The base project for which the resulting proposed density is based is described below. Base Project The Project site is comprised of a single lot which is zoned T4N 40/50 and T5N 50/60. Based on the development standards for the zoning district, the applicant has demonstrated a base project containing a five story, multi-family residential building with 125 residential units averaging 844 square feet, and 200 sf of civic space. As shown on Sheet A0.2 of Attachment 3, Exhibit 1, the base project meets all required vehicle and bicycle parking and civic area requirements and can be accommodated within the building envelope. As such, for purposes of reviewing consistency with State Density Bonus Law, the base project includes 125 units. Allowed Density Bonus Based on the commitment to deed restrict 15% of the base units for very low-income households, the Project qualifies for a 50% density bonus, 3 concessions, and unlimited waivers (See Table 4 of Resolution 14891). The total number of allowed density bonus units is calculated by multiplying the base project by 40% and rounding up, as required by density bonus law (125 units x 50% = 62.5 units, rounded up = 63 units). Therefore, the proposed Project is permitted a density bonus of 63 units. The total allowed units are calculated as the sum of the base project plus the density bonus units (125 + 63 = 188 units). As the Project proposes a total of 188 units, it does not exceed the total number of units allowed with the applicable density bonus. Requested Concession Consistent with State Density Bonus Law, the project is entitled to one concession and is utilizing the one concession to waive out of requirements contained in City Council Resolution 14890 in order to accommodate the density bonus project. Specifically, section C of City Council Resolution 14890 requires that affordable housing units be of a similar mix and type to that of the whole residential development project, including compatibility of amenities provided. As proposed, the project does not comply with this requirement, in that, of the 120 market-rate units proposed, 36 units (30%) do not have private open space amenities (balconies) whereas, of the 11 below market rate units, 11 units (100%) do not have private open space amenities (balconies). As detailed in the October 2, 2025 State Density Bonus Law Concession Request (Attachment 3, Exhibit 4), the applicant has confirmed that the construction of BMR units without balconies will result in identifiable and actual cost savings for the project. 12 A waiver is a modification of a development standard that would otherwise physically preclude the construction of the Project with the permitted density bonus and concessions. 19 Requested Waivers or Reduction of Development Standards The applicant has requested waivers from objective standards related to building and top plate height, building and parking setbacks, building stepbacks, civic space, bicycle parking, and frontage standards. The following provides details about the requested waivers, including supporting information from the applicant’s Density Bonus Statement (Attachment 3, Exhibit 3). As detailed in Government Code Section 65915(e)(1), a city may deny a waiver if it would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; if it would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or if it would be contrary to state or federal law. Staff has reviewed the density bonus application materials for the Project and as detailed below, has confirmed that the requested waivers or reduction of development standards comply with Government Code Section 65915 and San Rafael City Council Resolution 14891. Overall Building Height: The “base project” is built to the 40 foot overall building height limit established for both the T4N 40/50 and T5N 40/60 zoning districts. A waiver of this development standard is required to accommodate the density bonus units, resulting in an overall building height of 153’ when measured from the tallest point. Without the waiver, the density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver of this development standard is permissible under State Density Bonus Law. Top Plate Height: The “base project” is built to the 35’ top plate height limit established for the T4N 40/50 and T5N 40/60 zoning districts. A waiver of this development standard is required to accommodate the density bonus units, resulting in a top plate height of 138’ 9” when measured from its tallest point. Without the waiver, the density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver of this development standard is permissible under State Density Bonus Law. Front and Side Street Setbacks (T4N 40/50): The “base project” complies with the 7-foot minimum front setback and 7-foot minimum side street setback established for the T4N 40/50 zoning district. A waiver from these development standards is required to accommodate the density bonus units, resulting in 0-foot front and street side setbacks. Without the waiver, the density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver of this development standard is permissible under State Density Bonus Law. Front, Street Side, Side, and Rear Parking Setbacks: A waiver from the 25-foot front, 25-foot side street, 5-foot side, and 5-foot rear parking setbacks is required to accommodate the density bonus units, resulting in a 0-foot enclosed parking setbacks along all sides. Without the waiver, the density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver of this development standard is permissible under State Density Bonus Law. Maximum Driveway Width (Front): Section 2.3.030(H) of the Precise Plan establishes a 12-foot maximum driveway width within the front parking setback area. A waiver from this development standard is required, resulting in a front driveway width of 24-feet. As outlined in SRMC Section 14.18.140 the minimum driveway width for two-way traffic is 24’ wide. Without the waiver for the driveway width requirement, the project would be unable to provide parking, and units would have to be removed from the project and the project would unable to be built at the allowable density. As such, the waiver of this development standard is permissible under State Density Bonus Law. 20 Stepbacks: The “base project” proposes a mansard roof form, which is not subject to the T4N 40/50 and T5N 40/60 zoning districts requirement to provide a 10-foot front, side, and rear stepback for buildings above 35 feet in height. The proposed Project does not incorporate a mansard roof nor does it incorporate stepbacks. Stepbacks limit the amount of buildable floor area and would therefore limit the amount of space that could otherwise be utilized for residential units. Without the waiver, density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver from this development standard is permissible under State Density Bonus Law. Civic Space: The T4N 40/50 and T5N 40/60 zoning district requires projects on sites that are between 15,000 and 30,000 square feet to provide a minimum of 200 square feet of civic space. Providing civic space would physically displace areas where dwelling units are proposed and the project would not be able to be constructed at the allowable density. As such, the waiver from this development standard is permissible under State Density Bonus Law. Bicycle Parking: Section 2.3.050(H) of the Precise Plan requires a minimum of 1 bicycle parking space for each one-bedroom unit and a minimum of 2 bicycle parking spaces for each two- bedroom unit proposed. The Project is required to provide a total of 246 bicycle parking spaces. In addition, Section 14.18.090(E) of the San Rafael Municipal Code requires bicycle parking facilities to be designed to include at least ten inches clearance (10″) to walls or other obstructions (14.18.090(E)(4)), provide an aisle or other space to be provided for bicycles to enter and leave the facility (14.18.090(E)(5)), and that bicycle and auto parking areas be separated by a physical barrier or sufficient distance to protect parked bicycles from damage by cars (14.18.090(E)(6)). As proposed, the Project includes provides 79 spaces (69 covered, 10 uncovered) which does not meet the minimum 246 spaces required. Additionally, the 69 covered spaces do not comply with the design requirements and are therefore not formally counted towards the bicycle parking spaces. Bicycle parking would occupy floor area that is otherwise allocated to dwelling units. As proposed, the basement and ground floor of the project are fully built out. Compliance with the minimum bicycle parking and bicycle facility design requirements would physically displace areas where dwelling units are proposed and the project would not be able to be constructed at the allowable density. As such, the waiver from this development standard is permissible under State Density Bonus Law. Frontage Standards: Frontage types that are permitted in both the T4N and T5N zoning districts include Porch Projecting (DPP Section 3.3.030), Porch Engaged (DPP Section 3.3.040), Dooryard (DPP Section 3.3.050), Stoop (DPP Section 3.3.060), and Terrace (DPP Section 3.3.100). The Porch Projecting, Porch Engaged, and Dooryard frontage types are characterized by the façade of the building being set back from the lot line, which reduces the buildable area at the ground level. The Stoop and Terrace frontage types are characterized by the main façade being elevated from the public right-of-way. While these frontage types allow the façade to be closer to the lot line when compared to the above referenced frontage types, the requirement to elevate the main floor also reduces the buildable area at ground level. Strict compliance with the objective standards of the frontage types, such as setbacks and elevation above the sidewalk, would physically displace areas where dwelling units are proposed and would physically preclude the construction of the project as proposed at the allowable density. As such, the waiver from this development standard is permissible under State Density Bonus Law. SB 330 - Housing Accountability Act of 2019 The Housing Accountability Act (HAA), California Government Code Section 65589.5(j), requires that when a proposed housing development project complies with the applicable, objective 21 general plan and zoning standards, but a city proposes to deny the project or reduce the proposed density, the city must base its decision on written findings supported by substantial evidence that: 1.The development would have a specific adverse impact on public health or safety unless disapproved, or approved at a lower density; and 2.There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval, or approval at a lower density. ENVIRONMENTAL DETERMINATION The Project is categorically exempt from CEQA pursuant to Section 15332 (In-fill Development) of the CEQA Guidelines. Support for this determination is provided in the CEQA Categorical Exemption Review Memorandum found in Attachment 2. CORRESPONDENCE Notice of hearing for the Project was conducted in accordance with noticing requirements contained in Chapter 14.29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site and all other interested parties, 15 calendar days prior to the date of this hearing. Public notice was also posted on the frontage of the subject site 15 calendar days prior to the date of all meetings, including this hearing. Nine (9) comments from the public were previously received in January and February of 2025 (Attachment 4). Notably, some comments relate to concerns about existing easements on the property. See Site Description/Setting for a description of the existing easements and Parking, Access, and Circulation for information about how the easements will maintained by the project. OPTIONS The Planning Commission has the following options: 1.Approve the application as presented, subject to conditions of approval (staff recommendation) 2.Approve the application with certain modifications, changes, or additional conditions of approval. 3.Continue the application to allow the applicant to address any of the Commission’s comments or concerns; however, if the Planning Commission opts to continue the hearing, staff recommends consideration of the five hearing limit that applies to this project under the HAA. 4.Deny the Project and direct staff to return with a revised Resolution of denial. ATTACHMENTS 1.Draft Resolution and Draft Conditions of Approval Exhibit 1 - General Plan Consistency Analysis Exhibit 2 - Downtown Precise Plan Consistency Analysis Exhibit 3 - Zoning Consistency Analysis Exhibit 4 – Affordable Housing Agreement 2.CEQA Categorical Exemption Review Memorandum Exhibit 1 – Transportation Impact Study Memorandum 22 Exhibit 2 – Project Construction and Air Quality Emissions Assessment Exhibit 3 – Noise and Vibration Assessment Exhibit 4 – Stormwater Control Plan 3.Application Materials Exhibit 1 – Full Plan Set (Architectural, Civil, Landscape, Lighting) Exhibit 2 – Project Narrative Exhibit 3 – Density Bonus Statement and Concession Request 4.Correspondence 1 Community and Economic Development Department Meeting Date: November 18, 2025 Agenda Item: 2 Case Number: PLAN25-013 (ED25-027) Project Planner: Krystle Rizzi, Consulting Planner REPORT TO PLANNING COMMISSION SUBJECT: 900 A Street – New Mixed-Use Building. Request for an Environmental and Design Review Permit for demolition of an existing commercial building and construction of a new mixed-use building containing 4,000 square feet of commercial space and 131 residential units located at 1030 3rd Street; APN: 011-263-21; T5N 50/70 Zoning District; Fasano Properties, LLC, owner; Monahan Pacific Corporation, applicant. EXECUTIVE SUMMARY The Project proposes the demolition of an approximately 4,400 square foot vacant commercial building, associated surface parking lot, and ornamental landscaping located at 1030 3rd Street and the construction of an eight -story mixed-use building containing 131 multi-family residential units with a 4,000 square foot ground level commercial space, and ground level and basement parking garage with access from A Street. The Project site includes a singular parcel comprising 28,667 square feet (0.66 acres). The proposed eight-story mixed-use building contains a gross floor area of 190,147 square feet, inclusive of 138,402 square feet of residential space, 4,000 square feet of commercial space, and 47,745 square feet allocated for vehicular parking, trash and recycling areas, and mechanical, electrical, and plumbing (MEP) areas. The basement level includes parking, mechanical, and storage areas; the 1st floor includes parking, mechanical, storage, and trash areas as well as the commercial space, lobby, leasing and management offices, and mail room; and the 2nd through 8th floors include residential units and tenant amenities. REQUESTED ENTITLEMENTS The Project requires Planning Commission approval of a Major Environmental and Design Review Permit pursuant to San Rafael Municipal Code (SRMC) Section 14.25.040(A)(1)(b) and the Downtown San Rafael Precise Plan, Chapter 9, Downtown Form Based Code (DTFBC), Table 1.1.030A (Permit Requirements). RECOMMENDATION Staff recommends that the Planning Commission approve the Environmental and Design Review Permit, subject to findings and conditions of approval. 2 PROPERTY FACTS Address/Location: 1030 3rd Street Parcel Numbers: 011-263-21 Property Size: 0.66 acres (28,667 s.f.) Neighborhood: Downtown - Second/Third Corridor Character District Site Characteristics General Plan Designation Zoning District Existing Land-Use Project Site: Downtown Mixed Use (DMU) T5 Neighborhood (T5N) 50/70 Open Sub Zone Commercial North: DMU T5N-O 50/70 Commercial/Office South: DMU T5N 50/70 Medical Offices East: DMU T4N-O 40/50 Commercial West: DMU T5N 50/70 Commercial/Office Site Description/Setting: The Project site is comprised of an approximately 28,667-square foot (0.66-acre) lot located at the northeast corner of the 3rd Street/A Street intersection, currently addressed as 1030 3rd Street, and which consists of a 4,400 square-foot vacant commercial building, surface parking lot, and ornamental landscaping. The site is within the Downtown San Rafael neighborhood of the General Plan and falls within the boundaries of the Downtown San Rafael Precise Plan, which further classifies character districts, of which the site is within the Second/Third Corridor. The site and surrounding area are highly urbanized and developed with a mix of commercial, office, retail, and public institutional uses (see Figure 1). Figure 1: Vicinity Map 3 PROJECT DESCRIPTION Project Summary The Project proposes the demolition of the existing site improvements to accommodate construction of a new, eight-story mixed-use building. The new mixed-use building contains 131 units, comprised of 77 one-bedroom and 54 two-bedroom units. In accordance with SRMC Section 14.16.030 (affordable housing requirements), 11 of the 110 base density units (10%) will be deed-restricted below market rate (BMR) units affordable to low-income households, including six (6) one-bedroom and five (5) two-bedroom units. Based on the percentage and affordability level of the BMR units, the Project is eligible for up to a 20% density bonus (22 units) under state law. The Project will utilize 21 of the density bonus units, resulting in a total of 131 residential units (120 market rate, 11 below market rate). The ground floor of the building includes a 4,000 square foot commercial space, though no specific use or tenant is proposed at this time. The new building will include amenities for the exclusive use of residents and include: private balconies; 1st floor lobby and offices; 2nd floor amenity room and podium courtyard; 8th floor amenity room; and roof deck with lounge furnishings and recreational amenities. Site Plan The building footprint will cover 28,567 square feet, resulting in a lot coverage of 99.65%.1 The gross floor area of the building will be 190,147 square feet, resulting in a floor area ratio (FAR) of 6.63.2 Of the gross building area, 138,402 square feet (73%) will consist of residential space, 4,000 square feet (2%) commercial space, and 47,745 square feet (25%) for vehicular parking, trash and recycling areas, and mechanical, electrical, and plumbing areas. The building design utilizes zero-foot setbacks consistent with the base zoning. Vehicular entrance to the building will be provided on A Street and pedestrian access will be available on A Street and 3rd Street. As described in greater detail below, landscaping is proposed at the street level, 2nd level podium courtyard, and on the rooftop. Floor Plan The following summarizes the uses for each floor of the proposed building: Basement Level: As shown in Sheet A2.0 of Attachment 3, Exhibit 1, the basement floor plan includes vehicle and pedestrian circulation areas, vehicle parking (64 spaces), bicycle parking (61 spaces), storage rooms, and areas for mechanical, electrical, and plumbing equipment. 1st Floor/Ground Floor: As shown in Sheet A2.1 of Attachment 3, Exhibit 1, the 1st/ground floor plan includes vehicle and pedestrian circulation areas, vehicle parking (43 spaces), bicycle parking (32 spaces), the 4,000 square foot commercial space, trash roof, lobby, leasing and management offices, mail room, and areas for mechanical, electrical, and plumbing equipment. 2nd Floor: As shown in Sheet A2.2 of Attachment 3, Exhibit 1, the 2nd floor consists of 18 residential units, including 10 one-bedroom and 8 two-bedroom units, trash room and mechanical area, 705 square foot amenity room, and a podium courtyard with lounge furnishings and recreation amenities. 1 Building footprint (28,567 s.f) / lot area (28,667 s.f.) = 99.65% 2 Gross floor area (190,147 s.f.) / lot area (28,667 s.f.) = 6.63 4 3rd Floor: As shown in Sheet A2.3 of Attachment 3, Exhibit 1, the 3rd floor consists of 19 residential units (2 dedicated as BMR), including 11 one-bedroom and 8 two-bedroom units, private balconies, trash room and mechanical area, and a storage room. 4th Floor: As shown in Sheet A2.4 of Attachment 3, Exhibit 1, the 4th floor consists of 19 residential units (2 dedicated as BMR), 11 one-bedroom and 8 two-bedroom units, trash room and mechanical area, and a storage room. 5th Floor: As shown in Sheet A2.5 of Attachment 3, Exhibit 1, the 5th floor consists of 19 residential units (2 dedicated as BMR), including 11 one-bedroom and 8 two-bedroom units, private balconies, trash room and mechanical area, and a storage room. 6th Floor: As shown in Sheet A2.6 of Attachment 3, Exhibit 1, the 6th floor consists of 19 residential units (2 dedicated as BMR), including 11 one-bedroom and 8 two-bedroom units, private balconies, trash room and mechanical area, and a storage room. 7th Floor: As shown in Sheet A2.7 of Attachment 3, Exhibit 1, the 7th floor consists of 19 residential units (2 dedicated as BMR), including 11 one-bedroom and 8 two-bedroom units, private balconies, trash room and mechanical area, and a storage room. 8th Floor: As shown in Sheet A2.7 of Attachment 3, Exhibit 1, the 8th floor consists of 18 residential units, including 12 one-bedroom and 6 two-bedroom units, an amenity room, roof deck with lounge furnishings, and trash room and mechanical area. Roof: As shown in Sheet A2.9 of Attachment 3, Exhibit 1, the rooftop includes heating, ventilation, and air conditioning (HVAC) units, other mechanical equipment, and a solar ready area. Residential Unit Plans One-bedroom and two-bedroom residential unit plans include four varying sizes and layouts, as shown on Sheet A2.10 of Attachment 3, Exhibit 1 and as summarized below: One-bedroom Unit Plans: •A1: 799 square feet, 1 bedroom and office •A2: 752 square feet, 1 bedroom and office •A3: 705 square feet, 1 bedroom •A4: 660 square feet, 1 bedroom Two-bedroom Unit Plans: •B1: 1,355 square feet, 2 bedrooms and office •B2: 1,200 square feet, 2 bedrooms •B3: 1,059 square feet, 2 bedrooms •B4: 1,074 square feet, 2 bedrooms Architecture, Colors, and Materials The proposed building includes articulation in the forms of: (1) building recesses and projections; (2) variation in color; (3) symmetrical window configuration; and (4) support columns to create bays. The Project exhibits a contemporary architectural style with clean lines, a consistent material palette, and the integration of various forms. The use of a repetitive fenestration pattern 5 creates a cohesive design across the building facades. The Project proposes a stepback at the 4th floor, which adds visual interest and depth to the building. Proposed colors and materials include light cream stucco, terracotta stucco vertical accent bands, and dark grey aluminum windows. Figure 2: View Along 3rd Street - Looking East Figure 3: Rendering Sidewalk View from A Street At 3rd Street Looking North 6 Parking, Access, and Circulation The Project will provide 107 vehicular parking spaces for residents, guests, and patrons of the commercial space. Parking will be provided within an enclosed parking garage on the 1st floor (43 spaces) and basement level (64 spaces) and is accessible from A Street via a 24-foot-wide driveway. A total of 93 bicycle parking spaces will be provided between vehicle parking spaces and the wall of the building on the 1st floor (32 spaces) and basement level (61 spaces). Additionally, eight bicycle racks accommodating two bicycles each (16 total spaces) will be located within the public right-of-way along A Street and 3rd Street. Pedestrian access will be provided along A Street and 3rd Street. Table 1: Vehicle and Bicycle Parking Summary Level Vehicle Parking Spaces Bicycle Parking Spaces Basement 64 61 1 43 32 Other 0 16 Total 107 109 The Project also offers a 25-foot by eight-foot curbside loading zone along A Street as well as a trash staging area for collection by Marin Sanitary Service. Landscaping and Lighting To accommodate the new building, 18 trees will be removed, including 8 street trees, and 10 within the proposed building footprint area. In total, the Project includes 2,963 square feet (10%) of landscaping, including 926 square feet at the street level along A Street and 3rd Street, 2,017 square feet at the second level podium courtyard, and 20 square feet at the roof level (see Sheets L1 through L3 of Attachment 3, Exhibit 1). Landscaping plants include 24 new trees, inclusive of 6 scarlet sentinel red maple along A Street, 6 Brisbane box along 3rd Street, and 6 red leaf Japanese maple and 6 western redbud at the podium level. Other plant species include a variety of low to moderate water usage plants contained within low and tall architectural planters and flush with the sidewalk at the street level. In addition to planting materials, the Project includes the installation of four new steel benches and eight steel tube hoop bicycle racks in the public right-of-way along A Street and 3rd Street (see Landscape Plan sheet L1). The proposed landscape plan will be subject to standard conditions of approval for compliance with the requirements of the Marin Municipal Water District (MMWD), including a requirement to provide written approval from MMWD that the proposed landscaping complies with their regulations and with the California Model Water Efficient Landscape Ordinance (MWELO). Additionally, all proposed improvements, including landscaping and public amenities within the right-of-way are subject to review and approval by the City’s Department of Public Works. As shown on Sheet LTG.1 of Attachment 3, Exhibit 1, the Project proposes two variations of down cast wall mounted fixtures (Figure 4 and Figure 5), recessed step lights lighting (Figure 6), and wall mounted goose neck light fixtures (Figure 7). Fixtures LT-E1 and LT-E2 are provided along all building facades, Fixture LT-E3 is provided within the podium courtyard area, and Fixture LT- E4 is provided at the garage and pedestrian entrances. As proposed and conditioned, all proposed lighting will be designed to conceal light sources from view off-site and avoid spillover onto adjacent properties. 7 Figure 4: Fixture LT-E1 Figure 5: Fixture LT-E2 Figure 6: Fixture LT-E3 Figure 7: Fixture LT-E4 Utilities and Stormwater Management As shown on Sheet C-3.0 of Attachment 3, Exhibit 1, the new building will connect to the existing electrical, storm drain, sanitary sewer, and water utilities located within the A Street and 3rd Street rights-of-way. Of the total landscape area, 894 square feet at the podium level is designed to manage stormwater. As proposed, 72% of the total stormwater runoff from the roof of the building will be conveyed through downspouts to the bioretention planters within the podium courtyard where it will be treated and conveyed to the city’s storm drain system in 3rd Street. The remaining 28% 8 of the stormwater runoff from the podium deck and other roof surfaces will be conveyed to a Media Filter at the ground level, and once treated, will also be conveyed to the city’s storm drain system.3 ANALYSIS As stated previously, the Project requires Planning Commission approval of a Major Environmental and Design Review Permit pursuant to Section 14.25.040(A)(1)(b) of the SRMC and Table 1.1.030A (Permit Requirements) of the Downtown San Rafael Precise Plan, Chapter 9, Downtown Form Based Code (DTFBC). This section includes an analysis of the Project’s consistency with the following applicable plans, policies, and regulations which follows the review criteria outlined under SRMC 14.25.050: •San Rafael General Plan 2040 •SRMC Title 14 (Zoning) •Downtown Form Based Code •State Density Bonus Law San Rafael General Plan 2040 Consistency The project site is designated Downtown Mixed Use in the General Plan, which corresponds to properties in Downtown San Rafael. This designation includes the highest development intensities in the city, and contains a mix of housing, office, retail, service, and public land uses. Development in this area is guided by the Downtown San Rafael Precise Plan, which includes further detail on building form, development intensity, height, and allowable uses. There is no residential density limit for areas designated Downtown Mixed Use. This allows for greater flexibility in terms of housing types, encourages smaller units, and maximizes housing opportunities. Height limits define the maximum building envelope on each site with this designation. The Project is consistent with key General Plan Goals, Policies, and Programs in that it focuses high-density housing, including 11 units for low-income households, within the transit-served Downtown (General Plan Policies LU-1.3, H-3.5, M-3.1, LU-1.8, NH-1.3), thereby fulfilling goals to reduce vehicle miles traveled (VMT) and greenhouse gas emissions. The project will revitalize an underutilized commercial site supporting a thriving mixed-use neighborhood (General Plan Policies NH-1.1, LU-2.2) by maintaining pedestrian orientation through the integration of parking into an enclosed garage, dedicating bicycle facilities, and maintaining acceptable traffic flow (General Plan Policies NH-1.10, NH-1.11, M-7.3, M-7.8, M-2.5, M-2.6, CDP-4.9, CDP-4.11). The Project provides on-site recreation amenities (General Plan Policies CDP-4.6, PROS-1.11, PROS-1.13), designed to be context-sensitive and respectful of views (General Plan Policies NH- 1.7, CDP-2.2, CDP-1.5), and incorporates Low Impact Development and water conservation through the use of very low to moderate water use species and compliance with stormwater management requirements (General Plan Policies CDP-3.5, C-3.3, C-3.8, C-3.9). Finally, as proposed and conditioned, the Project meets health, safety, and infrastructure standards for seismic safety, noise control, and connection to existing utilities (General Plan Policies C-2.4, N- 1.1, N-1.2, N-1.11, CSI-4.2, CSI-4.8, CSI-4.9). As such, the project is consistent with all applicable General Plan policies. 3 Stormwater Control Plan, Luk and Associates, June 24, 2025 Page 3. 9 In addition, the site is identified in the adopted Housing Element as Site F8, having a realistic capacity of 165 units. A full analysis of the project’s consistency with the General Plan is provided in the General Plan Consistency Table, see Resolution Exhibit 1. Zoning Ordinance Consistency As detailed in Attachment 1, Exhibit 2, the Project as proposed and conditioned is consistent with applicable development standards of the City’s Zoning Ordinance, including through the requested concession and waivers pursuant to State Density Bonus Law. An overview of the applicable standards and the project’s consistency is provided below. Site and Use Regulations Refuse Enclosure Requirements: Section 14.16.025 of the SRMC requires that refuse areas be screened from view and that the area be designed to meet the minimum recommended dimensional standards of the local refuse collection agency. The Planning Division referred the project to Marin Sanitary Service who confirmed that the staging area shown on A Street is satisfactory for refuse collection. Additionally, Marin Sanitary Service staff noted that the room inside the garage area labeled trash appears to be of sufficient size to accommodate all necessary containers. Consistent with Marin Sanitary Service requirements, Attachment 1 includes a condition of approval requiring that all refuse containers be placed at the curb in the staging area by 6:00 AM the day of collection. Accordingly, as proposed and conditioned, the project meets the requirements of SRMC Section 14.16.025. Affordable Housing: Affordable housing requirements are contained in SRMC Section 14.16.030 (Affordable housing requirement) and governed by Ordinance 1990 and associated Resolutions 14890 and 14891 that amended the affordable housing obligation for residential projects. Residential development projects greater than fifteen (15) units are required to meet a primary and secondary requirement as follows: •Primary Requirement. The Project is required to provide five percent (5%) of the proposed units as deed restricted BMR units (excluding density bonus units) affordable to and occupied by low-income households, meaning those earning no more than 80% of the Area Median Income. •Secondary Requirement. This requirement can be satisfied by providing an additional five percent (5%) low-income units (excluding density bonus units). The base project provides 110 units, of which 11 (10%) will be deed restricted to be available and rented to low-income households. Since 10% of the units in the base project will be affordable to low-income households, the Project meets the primary and secondary requirements. Additionally, by deed restricting the maximum monthly rent of the BMR units to 1/12th of 30 percent of sixty (60) percent of the Area Median Income for Marin County, the project qualifies for benefits under the State Density Bonus Law, including a 20% density bonus, one incentive or concession, and unlimited waivers from development standards. Light and Glare: Section 14.16.227 of the SRMC requires that colors, materials and lighting are designed to avoid creating undue off-site light and glare impacts. As proposed, the Project includes neutral-colored finishes and down cast light fixtures that are designed and/or shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties. Additionally, as conditioned, all new lighting shall be subject to a 90-day post installation inspection to allow 10 for adjustment and assure compliance with this section. Therefore, as proposed and conditioned, the Project complies with SRMC Section 14.16.227. Mechanical Equipment Screening: SRMC Section 14.16.243 requires that mechanical equipment placed on the rooftop of a building be adequately screened from public view. The Precise Plan also contains mechanical equipment screening requirements and standards applicable to properties within the downtown mixed use (DMU) district. The Project includes mechanical equipment located on the rooftop that is screened from public view by parapet walls and therefore the Project complies with Section 14.16.243 of the SRMC. Use of City Sidewalks and Rights-Of-Way for Outdoor Eating Areas: Section 14.16.277 of the SRMC requires prior approval for use of city sidewalks for outdoor eating areas. Conceptual imagery shown in the project plans show outdoor dining areas, however, this is for illustrative purposes only as there is currently no specific use or tenant identified for the 4,000 square foot ground floor commercial area. As conditioned, any future use proposing use of city sidewalks and rights-of-way for outdoor eating will be required to comply with the permit requirements of SRMC Section 14.16.277. Therefore, as conditioned the project complies with Section 14.16.277 of the SRMC. Noise: Chapter 8.13 and Section 14.16.260 of the SRMC require compliance with general noise standards, construction standards, and noise standards contained in the General Plan. In general, noise at residential properties may not exceed 60 dBA (Intermittent) and 50 dBA (Constant) during daytime and 50 dBA (Intermittent) and 40 dBA (Constant) at night time. Construction is limited to between the hours of seven a.m. (7:00 a.m.) and six p.m. (6:00 p.m.), Monday through Friday, and nine a.m. (9:00 a.m.) and six p.m. (6:00 p.m.) on Saturdays, provided that the noise level at any point outside of the property plane of the Project shall not exceed ninety (90) dBA. No construction is allowed on Sundays and holidays. The City’s standard conditions of approval require compliance with the noise ordinance and compliance will be verified through the building permit process. Additional conditions of approval relating to noise include a public notice and compliance process and designated liaison that would be responsible for determining the cause of all construction-related complaints (e.g., starting too early, bad muffler, worker parking, etc.) and institute reasonable measures to correct the problem. The Project site is located in a “conditionally acceptable” noise exposure area per General Plan 2040, Table 9-2. Noise was evaluated in the California Environmental Quality Act (CEQA) Categorical Exemption Review Memorandum (Attachment 2) and supported by the Noise and Vibration Assessment Report prepared for the Project by Illingworth & Rodkin, Inc. (dated April 4, 2025). As stated above, conditions of Project approval will ensure that the Project complies with noise standards during both construction and operation of the Project and therefore the Project complies with Chapter 8.13 and Section 14.16.260 of the SRMC. Water-efficient Landscape: Section 14.16.370 of the SRMC requires certain new construction and rehabilitation projects that include landscape and irrigation improvements to comply with water- efficient landscape requirements and to monitor water usage for irrigation, as mandated under California Government Code Section 65595(c). For the purpose of administering this state mandate, the City of San Rafael has adopted by reference, the MMWD Ordinance (Water Conservation) and designates MMWD to implement, enforce, and monitor the requirements of this ordinance. As conditioned, the applicant will be required to certify that the landscape plan complies with applicable regulations of the City of San Rafael and MMWD. As such, the Project as conditioned complies with Section 14.16.370 of the SRMC. 11 Parking Standards Bicycle Parking: Section 14.18.090(E) of the SRMC specifies design criteria for short- and long- term bicycle parking facilities. Section 14.18.090(E)(4) requires at least ten inches clearance (10″) to walls or other obstructions. As proposed, bicycle racks are abutting the wall, which does not meet the 10” clearance requirement. Section 14.18.090(E)(5) requires an aisle or other space to be provided for bicycles to enter and leave the facility. The aisle is required to be at least five feet (5′) wide to the front or rear of a standard six-foot (6′) bicycle parked in a facility. As currently proposed, aisles would be obstructed by parked cars and other bicycles. Section 14.18.090(E)(6) requires that bicycle and auto parking areas be separated by a physical barrier or sufficient distance to protect parked bicycles from damage by cars. As currently proposed, there is no physical or spatial separation between cars and bicycles. Although the Project does not comply with the design requirements specified above, as discussed further on p. 16 the applicant has requested a waiver from the design requirements pursuant to State Density Bonus Law, which offers eligible projects to waive out of local development standards. Therefore, through use of waivers permitted under State Density Bonus Law, the Project complies with Section 14.18.090(E) of the SRMC. Downtown Form Based Code Consistency Development review criteria of the Downtown San Rafael Precise Plan (Precise Plan) are contained within Chapter 9 (Downtown Form-Based Code). The Precise Plan was adopted by the City with the intent of accommodating higher density mixed use development in the City’s Downtown. Development standards of the Precise Plan that are applicable to the Project are discussed below and a complete analysis of the Project’s compliance with the Precise Plan can be found in Attachment 1, Exhibit 3. T5 Neighborhood Development Standards Building Placement and Building Form and Maximum Envelope: The Project site is in the T5 Neighborhood (T5N) 50/70 zoning district with an Open Sub-zone. Section 2.3.050 of the Downtown Form-Based Code provides development standards related to building placement (setbacks and civic space) and building form and maximum envelope (overall building height, stepbacks, ground floor standards). A summary of the Project’s consistency with these development standards are included in Table 2. Table 2: Development Standards – T5N 50/70 (DPP Section 2.3.050) Standard Required Proposed Notes BUILDING PLACEMENT Setbacks Front 0 ft. min. 15 ft. max. 4 ft. Complies Front Façade Length 70% min. 81%4 Complies Side Street 0 ft. min. 15 ft. max. 4 ft. Complies Side Street Façade Length 60% min. 92%5 Complies 4 Total 3rd St façade zone = 1,794 inches. Total 3rd St. building façade length = 1,461.25 inches. 1,461.25/1,794 x 100% = 81.45%. 5 Total A St. façade zone = 2,365 inches. Total A St. building façade length = 2,173.75 inches. 2,173.75/2,365 x 100% = 91.91% 12 Standard Required Proposed Notes Side 0 ft. min. 0-10 ft. Complies Rear 0 ft. min. 0-10 ft. Complies Civic Space 200 s.f. min. 0 s.f. SDBL Waiver BUILDING FORM AND MAXIMUM ENVELOPE Height Overall Building Height 70 ft. 83.5 ft. SDBL Waiver Highest Top Plate/Highest Eave 65 ft. 82.5 ft. Stepback Front 10 ft. at 45 ft. 4 ft. SDBL Waiver Side Street 10 ft. at 45 ft. 4 ft. SDBL Waiver Rear 10 ft. at 45 ft. 6 ft 11 in. SDBL Waiver Ground Floor Standards Finish Level - Residential 6 12” min. 0” Complies (see footnote) Finish Level - Non- Residential Flush with sidewalk 0” Complies Ceiling 10 ft. min. 13 ft. Complies Depth – Front 30 ft. min. Commercial Space: 66’ 5” Complies Depth – Other 12 ft. min. Commercial Space: 60’ Leasing Office: 30’ 6” Lobby: 41’ 3” Complies Automobile Parking: Requirements for parking are contained in Section 2.3.050(H) of the Precise Plan. The Project site is within ½ mile of transit, and pursuant to Government Code Section 65863.2(a), no automobile parking minimums apply. As such, the Project is not subject to parking development standards and is considered to comply with the Precise Plan. Bicycle Parking: Bicycle parking requirements are also contained Section 2.3.050(H) of the Precise Plan. The minimum bicycle parking requirements are based on the number of bedrooms. Based on the number of one- and two-bedroom units proposed, the Project is required to provide a total of 185 bicycle parking spaces and provides 109 spaces (93 covered, 16 uncovered). It should be noted that although the Project provides 93 bicycle parking spaces within the basement and 1st floor of the building, these spaces do not meet the city’s design requirements (see discussion above under Zoning Ordinance Consistency, Parking Standards), however State Density Bonus Law authorizes a waiver from these requirements as discussed on p.16. Unit Type Number of Units Bike Parking Ratio Total Required 1-Bedroom Units 77 1 77 2-Bedroom Units 54 2 108 Total Required 185 Total Provided 109 6 Common entries may be set at grade in compliance with local and federal accessibility standards. 13 Division 3.1 – Site Standards Screening: Section 3.1.020 prescribes standards for screening for the conservation and protection of property, the assurance of safety and security, the enhancement of privacy, the attenuation of noise, and the improvement of the visual environment of the neighborhood. Related to roof- mounted equipment, new buildings are required to be designed to provide a parapet or other architectural element that is as tall or taller than the highest point on any new mechanical equipment to be located on the roof of the building. As proposed and conditioned, the Project meets the screening requirements set forth in Section 3.1.020 of the form based code. Landscaping: Section 3.1.030 prescribes landscaping standards for protection and enhancement of the environmental and visual quality of the Downtown, enhancement of privacy, and the control of dust. The Design Standards subsection requires shrubs to be one-gallon size or larger and trees to be 15-gallon size or larger, and requires species to meet the minimum standards set forth in MMWD Water Conservation Ordinance 414. As proposed and conditioned, the Project meets the landscaping requirements set forth in Section 3.1.030 of the form based code. Division 3.2 - Massing and Façade Articulation Standards Tripartite Façade Articulation: Section 3.2.030 requires new facades along a street to be designed to visually express a base, middle, and top. The design complies with this requirement. As proposed, the ground floor/base contains the lobby, restaurant, and garage entrance, the middle contains levels 2 and 3 with residential units, and the top contains residential units on levels 4-8 (See Sheet A3.2 to A3.5 of Attachment 3, Exhibit 1). As such, the Project meets the tripartite façade articulation requirements set forth in Section 3.2.030 of the form based code. Massing and Composition: Section 3.2.040 requires new facades along a street to be designed to appear as multiple buildings no greater than 175 feet in length. The project utilizes various architectural elements that make the building appear as multiple buildings. The architecture expresses orderly symmetrical composition. This is achieved through the use of physical recesses, projections, symmetrical window configuration, and support columns to create bays. No building element measures greater than 175 feet in length. As such, the Project meets the massing and composition requirements set forth in Section 3.2.040 of the form based code. Corner Elements: Section 3.2.050 requires new facades to be designed to include a corner element to give visual importance to the corner and enhance the public realm. The Project includes a 4,000 square foot commercial space that serves as a corner element, giving visual importance to the corner and enhancing the public realm. As such, the Project meets the corner elements requirements set forth in Section 3.2.050 of the form based code. Division 3.3 – Frontage Standards Division 3.3 establishes permitted frontage types in each zone. The Project proposes the Shopfront frontage type, which is allowed in the T5N Open Sub-zone. As such, the Project meets the frontage standards set forth in Division 3.3 of the form based code. Standard Required Proposed Notes SIZE Distance between glazing 3’ max 4’ 6” SDBL Waiver 14 Ground floor glazing 75% min. 80% (A St)7 48% (3rd St)8 Complies SDBL Waiver Depth of recessed entries 5’ max 4’ 6” Complies Shopfront base 12” min; 30’ max 0” SDBL Waiver AWNING Depth 5’ min. 5’ Complies Setback from curb 2’ min. 11’ (A St) 19’ (3rd St) Complies Height clear 8’ min. 11’ 6” Complies State Density Bonus Law Consistency This Project was submitted pursuant to State Density Bonus Law (Government Code Section 65915 and San Rafael City Council Resolution 14891). The law allows increased density, or bonus units, for a project that provides a minimum percentage of affordable, or below market rate, units on-site. In addition, a density bonus project is afforded a certain number of concessions or incentives,9 based on the percentage and level of affordability of the below market rate units provided. Additionally, a density bonus project is permitted waivers or reductions from any development or design standards 10 that would otherwise preclude development of the project at the proposed and allowable density. The Downtown Precise Plan area does not establish a dwelling unit per acre density standard. Therefore, to determine allowable base density, an applicant is required to demonstrate how many units can be constructed on the site in a manner that complies with all objective development standards and that provides average unit sizes comparable to the actual proposed project. This hypothetical project that complies with objective development standards is called the base project. The base project for which the resulting proposed density is based is described below. Base Project The Project site is comprised of a single lot which is zoned T5N 50/70. Based on the development standards for the zoning district, the applicant has demonstrated a base project containing a five story, 45-foot-tall mixed-use building with 110 residential units averaging 1,057 square feet, and 3,200 square foot commercial space. As shown on Sheet A0.2 of Attachment 3, Exhibit 1, the base project meets all required vehicle and bicycle parking and civic area requirements and can 7 Calculations based on scaled plan sheet A3.2 of Attachment 3, Exhibit 1 •Total A Street ground floor area between sidewalk and finished ceiling = approximately 2,258 s.f. •Total A Street glazing = approximately 1,810 s.f. •1,810 s.f./2,258 s.f. x 100% = 80% 8 Calculations based on scaled plan sheet A3.3 of Attachment 3, Exhibit 1 •Total 3rd Street ground floor area between sidewalk and finished ceiling = approximately 2,063 s.f. •Total 3rd Street glazing = approximately 1,002 s.f. •1,002 s.f./2,063 s.f. x 100% = 48.5% 9 A concession or incentive is defined as: 1) A reduction in site development standards or a modification of zoning code or architectural design requirements that exceed the minimum building standards; or 2) Approval of mixed-use zoning; or 3) Other regulatory incentives or concessions which actually result in identifiable and actual cost reductions (Govt. Code §65915(k)). 10 A waiver is a modification of a development standard that would otherwise physically preclude the construction of the Project with the permitted density bonus and concessions. 15 be accommodated within the building envelope. As such, for purposes of reviewing consistency with State Density Bonus Law, the base project includes 110 units. Allowed Density Bonus Based on the commitment to deed restrict 10% of the base units for low-income households, the Project qualifies for a 20% density bonus, 1 concession, and unlimited waivers (See Table 4 of Resolution 14891). The total number of allowed density bonus units is calculated by multiplying the base project by 20% and rounding up, as required by density bonus law (110 units x 20% = 22). Therefore, the proposed Project is permitted a density bonus of 22 units. The total allowed units are calculated as the sum of the base project plus the density bonus units (110 + 22 = 132 units). As the Project proposes a total of 131 units, it does not exceed the total number of units allowed with the applicable density bonus. Requested Concession Consistent with State Density Bonus Law, the project is entitled to one concession and is utilizing the one concession to waive out of requirements contained in City Council Resolution 14890 in order to accommodate the density bonus project. Specifically, section C of City Council Resolution 14890 requires that affordable housing units be of a similar mix and type to that of the whole residential development project, including compatibility of amenities provided. As proposed, the project does not comply with this requirement, in that, of the 120 market-rate units proposed, 36 units (30%) do not have private open space amenities (balconies) whereas, of the 11 below market rate units, 11 units (100%) do not have private open space amenities (balconies). As detailed in the October 2, 2025 State Density Bonus Law Concession Request (Attachment 3, Exhibit 4), the applicant has confirmed that the construction of BMR units without balconies will result in identifiable and actual cost savings for the project. Requested Waivers or Reduction of Development Standards The applicant has requested waivers from objective standards related to building and top plate height, building stepbacks, civic space, and bicycle parking. The following provides details about the requested waivers, including supporting information from the applicant’s Density Bonus Statement (Attachment 3, Exhibit 3). As detailed in Government Code Section 65915(e)(1), a city may deny a waiver if it would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; if it would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or if it would be contrary to state or federal law. Staff has reviewed the density bonus application materials for the Project and as detailed below, has confirmed that the requested waivers or reduction of development standards comply with Government Code Section 65915 and San Rafael City Council Resolution 14891City Council Resolution 14891. Overall Building Height: The “base project” is built to 45’, which is below the 50’ overall building height limit established for the T5N 50/70 zoning district. A waiver of this development standard is required to accommodate the density bonus units, resulting in an overall building height of 83.5’. Without the waiver, the density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver of this development standard is permissible under State Density Bonus Law. Top Plate Height: The “base project” is built to the 45’ top plate height limit established for the T5N 50/70 zoning district. A waiver of this development standard is required to accommodate the density bonus units, resulting in a top plate height of 82.6’. Without the waiver, the density bonus units could not be physically accommodated, and the Project could not be constructed at the 16 allowable density. As such, the waiver of this development standard is permissible under State Density Bonus Law. Stepbacks: The T5N 50/70 zoning district requires a 10-foot front, side, and rear stepbacks for buildings above 45 feet in height. Stepbacks limit the amount of buildable floor area and would therefore limit the amount of space that could otherwise be utilized for residential units. Without the waiver, density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver from this development standard is permissible under State Density Bonus Law. Parking Setbacks: A waiver from the 25-foot front, 25-foot side street, 5-foot side, and 5-foot rear parking setbacks is required to accommodate the density bonus units, resulting in 0-foot enclosed parking setbacks along all sides. Without the waiver, the density bonus units could not be physically accommodated, and the Project could not be constructed at the allowable density. As such, the waiver of this development standard is permissible under State Density Bonus Law. Civic Space: The T5N 50/70 zoning district requires projects on sites that are between 15,000 and 30,000 square feet to provide a minimum of 200 square feet of civic space. Providing civic space would physically displace areas where dwelling units are proposed and the project would not be able to be constructed at the allowable density. As such, the waiver from this development standard is permissible under State Density Bonus Law. Bicycle Parking: Section 2.3.050(H) of the Precise Plan requires a minimum of 1 bicycle parking space for each one-bedroom unit and a minimum of 2 bicycle parking spaces for each two- bedroom unit proposed. The Project is required to provide a total of 185 bicycle parking spaces. In addition, Section 14.18.090(E) of the San Rafael Municipal Code requires bicycle parking facilities to be designed to include at least ten inches clearance (10″) to walls or other obstructions (14.18.090(E)(4)), provide an aisle or other space to be provided for bicycles to enter and leave the facility (14.18.090(E)(5)), and that bicycle and auto parking areas be separated by a physical barrier or sufficient distance to protect parked bicycles from damage by cars (14.18.090(E)(6)). As proposed, the Project includes provides 109 spaces (93 covered, 16 uncovered) which does not meet the minimum 185 spaces required. Additionally, the 93 covered spaces do not comply with the design requirements and are therefore not formally counted towards the bicycle parking spaces. Bicycle parking would occupy floor area that is otherwise allocated to dwelling units. As proposed, the basement and ground floor of the project are fully built out. Compliance with the minimum bicycle parking and bicycle facility design requirements would physically displace areas where dwelling units are proposed and the project would not be able to be constructed at the allowable density. As such, the waiver from this development standard is permissible under State Density Bonus Law. Frontage Standards: Section 3.3.090 of the Precise Plan specifies objective design standards for the Shopfront frontage type, which is the frontage type proposed for the Project. the objective standards establish a 3-foot maximum distance between glazing; 75% minimum ground floor glazing as measured between the sidewalk and finished ceiling height; and a shopfront base between 12- and 30-inches. A waiver from the 3-foot maximum distance between glazing is required for the structural elements necessary to physically accommodate the density bonus units, resulting in 4.5-foot distance between glazing. A waiver from the 75% minimum glazing requirement is required to accommodate the necessary mechanical, electrical, and plumbing spaces, structural shear walls, and parking areas, resulting in a 48% ground floor glazing along 3rd St. Lastly, a waiver from the shopfront base requirement is necessary due to the existing slope of the adjacent sidewalks and in order to meet ADA requirements that the interior floors be flat. As such, the waiver of this development standard is permissible under State Density Bonus Law. 17 SB 330 - Housing Accountability Act of 2019 The Housing Accountability Act (HAA), California Government Code Section 65589.5(j), requires that when a proposed housing development project complies with the applicable, objective general plan and zoning standards, but a city proposes to deny the project or reduce the proposed density, the city must base its decision on written findings supported by substantial evidence that: 1.The development would have a specific adverse impact on public health or safety unless disapproved, or approved at a lower density; and 2.There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval, or approval at a lower density. ENVIRONMENTAL DETERMINATION The Project is categorically exempt from CEQA pursuant to Section 15332 (In-fill Development) of the CEQA Guidelines. Support for this determination is provided in the CEQA Categorical Exemption Review Memorandum found in Attachment 2. CORRESPONDENCE Notice of hearing for the Project was conducted in accordance with noticing requirements contained in Chapter 14.29 of the Zoning Ordinance. A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site and all other interested parties, 15 calendar days prior to the date of this hearing. Public notice was also posted on the frontage of the subject site 15 calendar days prior to the date of all meetings, including this hearing. One public comment was been received as of the date of publication of this staff report. OPTIONS The Planning Commission has the following options: 1.Approve the application as presented, subject to conditions of approval (staff recommendation) 2.Approve the application with certain modifications, changes, or additional conditions of approval. 3.Continue the application to allow the applicant to address any of the Commission’s comments or concerns; however, if the Planning Commission opts to continue the hearing, staff recommends consideration of the five hearing limit under the Housing Accountability Act that applies to this project. 4.Deny the Project and direct staff to return with a revised Resolution of denial. ATTACHMENTS 1.Draft Resolution and Draft Conditions of Approval Exhibit 1 - General Plan Consistency Analysis Exhibit 2 - Downtown Precise Plan Consistency Analysis Exhibit 3 - Zoning Consistency Analysis Exhibit 4 – Affordable Housing Agreement 2.CEQA Categorical Exemption Review Memorandum 18 Exhibit 1 – Local Traffic Analysis Exhibit 2 – Project Construction and Air Quality Emissions Assessment Exhibit 3 – Noise and Vibration Assessment Exhibit 4 – Stormwater Control Plan 3.Application Materials Exhibit 1 – Full Plan Set (Architectural, Civil, Landscape, Lighting) Exhibit 2 – Project Narrative Exhibit 3 – Density Bonus Statement Exhibit 4 – Concession Request 4.Correspondence